Victims

Victim-Witness Unit – Crime Victim’s Right

In 1994, the citizens of the State of Idaho passed a Crime Victim’s Rights Constitutional Amendment. This Amendment gives victims 10 specific rights as they move through the criminal jusice justice:

To be treated with fairness, respect, digity dignity privacy throughout the criminal justice process;

Permitted to be present at all criminal justice proceedings;

Entitled to a timely disposition of the case;

Given prior notification of trial court, appellate and parole proceedings and, upon request, to information about the sentence, incarceration or release of the defendant;

Heard, upon request, at all criminal justice proceedings considering a plea of guilty, sentencing, incarceration or release of the defendant unless manifest injustice would result;

To be informed of a possible plea agreement by the prosecuting attorney prior to entry into that agreement in criminal or juvenile offenses involving crimes of violence, sex crimes, or crimes against children;

Allowed to refuse an interview, ex-parte contact or other request by the defendant or any other person acting in behalf of the defendant, unless such request is authorized by law;

Consulted by the pre-sentence investigator during the preparation of the pre-sentence report and shall be allowed to read the report prior to the sentence hearing;

Assured the expeditious return of any stolen or other personal property by law enforcement agencies when no longer needed as evidence;

Notified whenever the defendant or suspect is released or escapes from custody.

Definitions:

Victim:

An individual who suffers direct or threatened physical, financial, or emotional harm as the result of the commission of a crime or juvenile offense.

Criminal Offense:

Any charged felony or a misdemeanor involving physical injury, or the threat of physical injury, or a sexual offense.

Juvenile Offense:

Charged conduct that is a violation of law that brings a juvenile within the purview of Chapter 5., Title 20, Idaho Code, and which conduct committed by a juvenile would be a felony if committed by an adult.

After a complaint is filed the listed victim will receive a Victim’s Rights Notification Form in the mail. The completed form should be returned to the address listed on the form.